Several persons who frequently visit the Georgetown Magistrates’ Courts have complained to the Guyana Standard about persons seeking to secure legal business for lawyers. In Guyana, this act is termed ‘touting’, which has long been an offence under the Legal Practitioners Act. The aforesaid Act governs the criteria for the admission of persons to practice as attorneys-at-law in Guyana, to regulate their functions, to provide for their professional discipline and for matters incidental thereto and connected therewith.
For those who are not familiar with the practice of touting in the legal profession, here is what happens. Persons complained that while they are in the environs, or even in the compound of the Georgetown Magistrates’ Courts they are being approached by one or more persons who would inquire of them if they need a lawyer. Once they reply in the affirmative, they say these individuals would promise to take them to the “best lawyer” or to the one with the most “reasonable, cheap fees.”
Once the touts are able to secure clients for whichever lawyer they are marketing, they would most obviously get a percentage of the legal fees. According to the persons who requested to remain anonymous, they are not the only ones faced with this situation. They said they have witnessed touts approached other persons who attend the city court for one reason or another.
They are now calling on the relevant authorities to look into the situation, as they think persons who are not aware of the court system are being fleeced. The persons who vented their complaints to this media outlet were advised to make an official report with the Registrar of the Supreme Court, the Clerk of Courts or the police.
Guyana Standard also reached out to the judiciary’s Communication Officer for a comment, but was however, told that none would be made at this time.
The last person known to be charged for touting in Guyana was John Leonard who was only caught due to a police entrapment. He was found guilty of the offence; however, in 1971, the Court of Appeal set aside the conviction on the basis that legal business meant genuine business and not a trap by the police.
This case can be found in the Guyana Law Reports.
Section 15 of the Legal Practitioners Act states: “Any person who acts as a tout shall be liable on summary conviction to a fine of $16,250 and to imprisonment of six months.”
The Act provides that the Registrar of the Supreme Court shall publish in the Official Gazette the name of any person who is satisfied, whether on evidence or general repute, or otherwise, has acted as a tout and shall by such publication declare that person to be a tout.
This very Act, in Section 16, however, cautions that no person shall be declared a tout by the Registrar unless they are given the opportunity to show cause why such a declaration should not be made. Once a person is declared a tout, the Chief Justice has the power to prohibit that person from entering the precincts of any court, except for if the individual is attending a court proceeding or is a witness in a matter.
Every person who, otherwise than for a purpose mentioned above, enters the precincts of the court shall be liable on summary conviction to a fine of $16, 250 and to six months imprisonment. A person who is declared a tout can appeal the decision of the Registrar to a judge. The procedure governing this is outlined under Section 17 of the Act.
